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Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations (SOR/2021-247)

Regulations are current to 2022-09-22 and last amended on 2022-01-01. Previous Versions

PART 31Hazardous Substances (continued)

Marginal note:Employer obligations

  •  (1) Every employer must ensure, in respect of each workplace under its control, that

    • (a) no employee’s exposure to a hazardous substance exceeds the threshold limit value for that substance, as adjusted if necessary to reflect the length of the employee’s work period, or the biological exposure index for that substance;

    • (b) automated detection and warning systems are in place, if feasible, to alert employees of any potential exposure to a hazardous substance;

    • (c) hazardous substances are stored

      • (i) in an area, designated by the employer for that purpose, that is

        • (A) designed and constructed to provide for the safe containment and protection of its contents,

        • (B) clearly identified by appropriate signage,

        • (C) designed and maintained — including through the provision of adequate ventilation and lighting — to allow for its safe occupancy and the safe movement of employees, equipment and material, and

        • (D) designed and equipped to permit effective emergency response having regard to the nature of each substance being stored, including, if any of the substances is flammable or combustible, by being equipped with a suitable fire suppression system,

      • (ii) in containers that are designed and constructed to protect persons from the substances’ hazardous effects, and

      • (iii) in a manner that ensures that

        • (A) the substances and their containers cannot readily fall, become dislodged, suffer damage or be exposed to extreme temperatures, and

        • (B) if the mixing of multiple substances would create a health or safety hazard to persons, those substances are prevented from mixing in the event of container leakage, breakage or other similar circumstance;

    • (d) any storage area designated under subparagraph (c)(i) in which a flammable or combustible substance is to be dispensed or transferred also meets the following criteria:

      • (i) its ventilation conforms to the applicable provisions of National Fire Protection Association publication NFPA 30, Flammable and Combustible Liquids Code,

      • (ii) its exhaust air is discharged outdoors, to an area in which the exhaust will not pose a risk to the health or safety of any person, and the storage area is provided with makeup air,

      • (iii) any makeup air duct that passes through a fire separation is equipped with a fire damper that is fitted to close automatically on detection of fire or the arming of a related fire suppression system, and

      • (iv) any doors to or within the area are self-closing;

    • (e) hazardous substances are removed from storage and used in as small a quantity as is feasible;

    • (f) any hazard posed by a hazardous substance, including as a result of its production, storage, handling, use or disposal, is confined to as small an area as is feasible;

    • (g) signs warning of the presence of hazardous substances are posted in conspicuous places, including all access points to the area in which the substances are present;

    • (h) any production, storage, handling, use or disposal of a hazardous substance is done in accordance with the safety data sheet for that substance, if any, or another document containing hazard information in respect of that substance;

    • (i) any handling, storage or use of a hazardous substance that is at risk of igniting from static electricity conforms to the National Fire Protection Association publication NFPA 77, Recommended Practice on Static Electricity;

    • (j) any words or symbols that identify the contents of a container as a hazardous substance are removed once the container has been completely cleaned of that substance;

    • (k) if an employee’s skin, hair or clothing is likely to become contaminated by a hazardous substance in the course of their work,

      • (i) a shower is available to them, outside of the accommodations area, for the purpose of decontamination, and

      • (ii) they are allowed sufficient time during their normal working hours to use the decontamination shower or other cleaning facilities;

    • (l) appropriate emergency eye-wash stations and showers that conform to and have been installed in accordance with ANSI/International Safety Equipment Association (ISEA) standard Z358.1, American National Standard for Emergency Eyewash and Shower Equipment are provided in any work area where a person’s eyes or skin may be exposed to a hazardous substance, having regard to the risk of exposure and the hazard information for that substance;

    • (m) no person enters any accommodations area while wearing clothing that is likely to have been contaminated by a hazardous substance, other than a space within that area that has been designated by the employer for the removal of contaminated clothing;

    • (n) any person who handles, cleans or disposes of clothing at a workplace does so in a manner that minimizes exposure of persons to hazardous substances, including by

      • (i) storing clothing that is wet or likely to have been contaminated with a hazardous substance separately from clothing that is not wet or contaminated, and

      • (ii) laundering clothing that is likely to have been contaminated with a hazardous substance separately from other clothing;

    • (o) any use of a device that is capable of emitting energy in the form of electromagnetic waves conforms to the applicable safety code, including any addendums, published by the Department of Health;

    • (p) any non-destructive testing activity that involves a device that is capable of emitting energy in the form of electromagnetic waves is carried out by a person certified by the Department of Natural Resources’ National Non-Destructive Testing Certification Body;

    • (q) every piping system that contains a hazardous substance is

      • (i) designed to control static electricity,

      • (ii) fitted with valves or other safety devices to ensure its safe operation,

      • (iii) marked using any method, including colour-coding or signage, to identify the hazardous substance it contains and, if applicable, the direction of the flow, and

      • (iv) despite paragraph 87(1)(e), inspected before it is placed in service and then at least once a year; and

    • (r) if an employee is carrying out work on a piping system that contains a hazardous substance,

      • (i) the following engineering controls are fitted on pipes as necessary to prevent the inadvertent discharge of the substance:

        • (A) a blank or blind, in conjunction with valves or other blocking seals that are secured in the closed position to prevent the substance from reaching the blank or blind,

        • (B) a double block and bleed system, consisting of two valves or other blocking seals that are secured in the closed position and located on each side of a valve or other mechanism that is secured in the open position to allow for bleed-off between the two seals, or

        • (C) another engineering control that has been approved by a professional engineer,

      • (ii) the location of any blank or blind referred to in clause (i)(A) is clearly marked on the pipe and all valves and other seals and mechanisms referred to in clause (i)(A) or (B) are clearly marked to indicate the position they are in, and

      • (iii) any engineering control referred to in clause (i)(B) or (C) is monitored for leaks throughout the work.

  • Marginal note:Securing of valves, seals and mechanisms

    (2) Each valve or other seal or mechanism referred to in subparagraph (1)(r)(i) must be secured in the open or closed position, as the case may be, using a positive mechanical device that is designed to resist being opened inadvertently, other than as a result of excessive force.

  • Marginal note:Records of exposure

    (3) Every employer must retain all records of exposure referred to in paragraph 205.022(g) of the Act for 40 years after the day on which the exposure is first documented.

Marginal note:Identification

  •  (1) For the purpose of paragraph 205.022(c) of the Act, any container that contains a hazardous substance — other than a hazardous product — is to be clearly marked with the substance’s generic name and hazardous properties.

  • Marginal note:Hazard information

    (2) If a safety data sheet or other document that identifies, and sets out hazard information in respect of, a hazardous substance — other than a hazardous product — that is stored, handled or used at a workplace may be obtained from the supplier by the employer with control over the workplace, the employer must obtain that document and make it available to every employee at the workplace.

Marginal note:Hazardous products — labelling

  •  (1) Paragraph 205.022(d) of the Act does not apply in respect of

    • (a) a manufactured article, as defined in section 2 of the Hazardous Products Act;

    • (b) wood or any product made of wood;

    • (c) hazardous waste — or the container that contains it — if a sign that clearly and legibly sets out the product identifier and up-to-date hazard information in respect of the waste is posted in a conspicuous place near it;

    • (d) a portable container containing a hazardous product that is filled from a container that is labelled in accordance with the Act and these Regulations if

      • (i) the hazardous product is to be used immediately, or

      • (ii) the hazardous product is to be used only during the work shift in which the portable container is filled, it remains under the control of the employee who filled the portable container and is used only by them and the portable container has applied to it a label that sets out the product identifier for the product;

    • (e) a laboratory sample, as defined in subsection 5(1) of the Hazardous Products Regulations, that is not in a container received from the supplier, as defined in section 2 of the Hazardous Products Act, if the hazardous product in question is identified with sufficient clarity to permit employees to obtain hazard information in respect of it;

    • (f) a hazardous product that the employer intends to export — or the container that contains it — if a sign that clearly and legibly discloses the following information is posted in a conspicuous place near the product:

      • (i) the product identifier for the hazardous product,

      • (ii) up-to-date hazard information in respect of the hazardous product, and

      • (iii) the fact that a document referred to in paragraph 205.022(e) of the Act or paragraph 160(1)(c) in respect of the hazardous product is available at the workplace;

    • (g) any of the following hazardous products, if a sign that clearly and legibly discloses the product identifier is posted in a conspicuous place near the product:

      • (i) a fugitive emission produced at the workplace,

      • (ii) a hazardous product in a process or reaction vessel,

      • (iii) a hazardous product in a pipe or piping system, or

      • (iv) a bulk shipment, as defined in subsection 5.5(1) of the Hazardous Products Regulations, that has been received at the workplace and has not been transferred to a container; or

    • (h) any other hazardous product that is not in a container, if a sign that clearly and legibly discloses the information referred to in subparagraphs (f)(i) to (iii) is posted in a conspicuous place near the product.

  • Marginal note:Requirements

    (2) For the purpose of paragraph 205.022(d) of the Act, the information that each label must disclose is the information that is required to be disclosed on a label under the Hazardous Products Regulations and the hazard symbols that the label must have displayed on it — and the manner of displaying those symbols — are those required by those Regulations.

  • Marginal note:Exceptions

    (3) Despite subsection (2), the label need only set out

    • (a) the product identifier and up-to-date hazard information in respect of hazardous waste or the container that contains it;

    • (b) the information referred to in subparagraphs (1)(f)(i) to (iii) in respect of

      • (i) a hazardous product that is produced at the workplace or the container that contains it, or

      • (ii) a container that is not received from a supplier, as defined in section 2 of the Hazardous Products Act, or the hazardous product that it contains

      • (iii) a hazardous product or container that was previously labelled in accordance with subsection (2) if that label became illegible or was lost, or

      • (iv) a hazardous product or container for which the employer is actively seeking a label that conforms to subsection (2); or

    • (c) the information referred to in subparagraphs (1)(f)(i) and (ii) in respect of

Marginal note:Hazardous products — safety data sheets

  •  (1) Paragraph 205.022(e) of the Act does not apply in respect of

    • (a) a manufactured article, as defined in section 2 of the Hazardous Products Act;

    • (b) wood or any product made of wood;

    • (c) the following hazardous products, if the employer makes available a document containing the product identifier and detailed, up-to-date hazard information in respect of the product:

    • (d) a hazardous product that is produced at the workplace and is a fugitive emission or an intermediate product undergoing reaction within a process or reaction vessel;

    • (e) hazardous waste; or

    • (f) any hazardous product for which the employer is actively seeking the document referred to in that paragraph, as long as any label affixed to, printed on or attached to the product or container that contains information about the product is not removed, defaced, modified or altered.

  • Marginal note:Information required

    (2) The information that must be disclosed for the purpose of subparagraph 205.022(e)(v) of the Act is all information not referred to in subparagraphs 205.022(e)(i) to (iv) of the Act that is required to be included on a safety data sheet under the Hazardous Products Regulations.

Marginal note:Exemption from requirement to disclose

  •  (1) Subject to subsection (2), if an employer has filed a claim under subsection 11(2) of the Hazardous Materials Information Review Act for an exemption from a requirement under the Act to disclose information, it must disclose in place of that information on any safety data sheet or other document, label or sign

    • (a) if there has been no final determination in respect of the claim, the date on which the claim for exemption was filed and the registry number assigned to the claim under section 10 of the Hazardous Materials Information Review Regulations; or

    • (b) if the final determination in respect of the claim is that the claim is valid, a statement that an exemption has been granted and the date on which the exemption was granted.

  • Marginal note:Product identifier

    (2) If the claim for exemption is in respect of a product identifier, the employer must disclose, in place of the product identifier on any safety data sheet or other document, label or sign, a code name or code number assigned by the employer to identify the hazardous product.

 
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